The National Nurseryman. 
FOR GROWERS AND DEALERS IN NURSERY STOCK. 
Copyrighted 1902 by The National Nurseryman Publishing Co., Incorporated. 
“ No country has so wide a range of excellent fruits as America.’’—C. W. Garfield, Grand Itapids. 
Vol. XI. 
ROCHESTER, N. Y., APRIL, 1903. 
No. 4. 
ALABAMA’S NEW LAW. 
In Line with Georgia in Requirements Regarding Shipment of 
Nursery Stock Within the State or Into the State from 
Other States—Text of Sections of the Law with 
Which Nurserymen Should be Acquainted. 
The State of Alabama has a new law governing the growth 
and sale of nursery stock. A Board of Horticulture is con¬ 
stituted to have full power to enact such rules and regulations 
governing the examination, certification, sale, transportation 
and introduction of trees, shrubs, cuttings, buds, vines, bulbs 
and roots, that they may deem necessary to prevent the 
further introduction, increase and dissemination of insect pests 
and plant diseases. The professor of horticulture of the Ala¬ 
bama Polytechnic Institute, R. S. Mackintosh, is the secretary 
of the board and the state horticulturist. Sections of the new 
law follow : 
Sec. 5. Upon the findings of the State Horticulturist or his deputy 
in any case of infected trees or plants, the treatment prescribed by him 
shall be executed at once (unless an appeal is taken), under his super¬ 
vision, the cost of material and labor shall be borne by the owner ; pro' 
vided, however, that in case the trees or plants shall be condemned 
they shall be destroyed and the expense borne by the owner. No com. 
pensation shall be allowed for any plants that shall be destroyed. 
Sec. 7. It shall be unlawful to offer for sale, sell, give away or 
transport perennial plants, trees, shrubs, vines or other plants, tubers, 
roots, cuttings, bulbs, known to be infested with dangerously injurious 
insects or plant diseases. Any person or persons violating this section 
shall, upon conviction, be fined not less than ten nor more than one 
hundred dollars for each separate offense. 
Sec. 11. It shall be unlawful for any person, firm or corporation to 
sell, give away, or ship within the State of Alabama any ti'ees or 
shrubs, or any other stock plants commonly known as nursery stock, 
without having a certificate of guarantee of the State Horticulturist of 
Alabama. A copy of such certificate of guarantee must accompany 
each box or package sold, given away or shipped. Such certificate 
must be dated within twelve months. If upon examination such stock 
is found to conform to the requirements of the said Board of Horticul¬ 
ture the State Horticulturist must furnish a certificate to that effect. 
Any person or persons, selling, giving away or shipping nursery stock 
without the certificate of the State Horticulturist shall be fined not 
less than fifty nor more than one hundred dollars. 
Sec. 12. Each and every person, firm or corporation, residing and 
doing business outside of the State of Alabama dealing in or handling 
trees, shrubs or other plants commonly known as nursery stock, shall 
file a copy of his or its certificate of his or its inspection furnished by 
the State Horticultuist, nursery inspector or other duly authorized 
official of his or its State or County with the Secretary of the Board of 
Horticulture. Upon the filing of this certificate as above prescribed, 
and upon request of the person, firm or corporation, a certificate will 
be issued to the same, and official tags bearing copy of such certificate 
and seal of the Board will be furnished the same at cost, provided, 
however, that the aforesaid certificate of inspection shall be adjudged 
satisfactory by the board. Each box, bundle or package of nursery 
stock shipped into Alabama by any person, firm or corporation shall 
bear one of these tags, and shipments of stock not thus tagged shall be 
liable to confiscation by the Board of Horticulture through its agents 
or employees. 
Sec. 13. No transportation company or common carrier shall de¬ 
liver any box, bundle or package of trees, shrubs or plants commonly 
known as nursery stock to any consignee residing within the State of 
Alabama when said box, bundle or package does not bear the official 
tag or certificate of guarantee issued by the State Horticulturist with¬ 
out previously notifying the State Horticulturist of the particulars of 
the shipment as they may be required by the board, nor without duly 
warning the consignee of his risk in accepting said shipment. 
Sec. 14. Any person, firm or corporation receiving from any other 
firm or corporation any box, bundle or package of trees, shrubs or 
plants, commonly known as nursery stock, which is not accompanied 
by a certificate of guarantee, or official tag issued by the State Horti¬ 
culturist to cover said loss, shall be deemed guilty of a misdemeanor, 
and upon conviction shall be fined not less than ten nor more than one 
hundred dollars. 
CALIFORNIA ACTIVITY. 
A Gilroy, Santa Clara, correspondent of the California 
Fruit Grower, states that not for many years has there been 
such activity in that section in the horticultural and viti- 
cultural industries. Crop conditions were so satisfactory 
last year and the outlock for the future is so promising that 
the orchardists are increasing their acreage and many new 
vineyards will be planted. 
This is shown by the extraordinarily large sales of nursery 
stock which have been made during the past two months by 
the local agent of a certain large nursery company. The 
orders placed with him far exceed the entire business of the 
agency for the previous year, and the sales would have been 
considerably larger were it possible to fill orders for prunes 
the stocks of which are nearly exhausted in the nurseries 
throughout the state, and wholly so in some of the nurseries. 
There are not many orders for apricot trees. 
The remunerative prices for grapes obtained for the past 
two years, and the prospect for a continuance of a good 
market, have influenced a number to go into that industry 
extensively. 
CHANGE AT PAINESVILLE. 
The partnership heretofore existing between Henry Kohankie 
and C. W. Metcalf, known as Euclid Avenue Nursery Co., 
Cleveland and Painesville, Ohio, has been dissolved by mutual 
consent. Henry Kohankie holds the io acres of shade, 
ornamental trees, shrubs, vines, roses etc., and assumes all 
obligations at Painesville. He will make extensive improve¬ 
ments and will greatly increase his stock in that line. The 
concern will be known as Euclid Avenue Nursery Co., 
Painesville, O. Henry Kohankie, superintendent and general 
manager. 
